A Comparative Study on Information-supplying Duty in the Insurance Contract Construction Course across the Taiwan Strait

• Main Authors: Tse-yun Hsu, 徐澤鋆
• Other Authors: Yang-shou Huang
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/63767425310368336967

碩士 === 東吳大學 === 法律學系 === 95 === The study focuses on the information-supplying duty in the insurance contract construction course across the Taiwan Strait. The information-supplying duty is divided into the categories of “the duty of disclosure of the insured” and “the accounting duty of the insurer.” The obligation is known as “preliminary duty” since it is obliged before the contract is constructed. Due to the impact of consumer protection concept, the importance of “preliminary duty” is gradually stressed. The subject is discussed in this study from the viewpoint of insurance law across the Taiwan Strait. Suggestions to the information-supplying duty in the insurance contract construction course across the Taiwan Strait will be proposed at the completion of academic study for the reference of stipulating regulations, resolving disputes in practice, and/or conducting academic research. There are five chapters in this study. Chapter I: Introduction. The research motives, research purpose, research scope and limitation, and expected results are introduced in this chapter. Chapter II: Introduction of information-supplying duty in the insurance contract construction course. Introduce the concept of information-supplying duty in the insurance contract construction course including the regulations in Taiwan and China. Then, studies on the origin, legislations, and legislative theory of information-supplying duty in the insurance contract construction course. Finally, the future development and value-orientation of information-supplying duty in the insurance contract construction course are stated. Chapter III: Comparative study on information-supplying duty in the insurance contract construction course across the Taiwan Strait. Comparison is made on the subjective scope and objective scope of information-supplying duty including judgmental criteria and timing of performance; also, comparing the legal effect on the violation of information-supplying duty and insurance fraud. Finally, the conclusion of the information-supplying duty in the insurance contract construction course in the Taiwan Strait and the related advantages and disadvantages. Chapter IV: Comparative study on information-supplying duty across the Taiwan Strait. Comparison is made on the subjective scope and objective scope of information-supplying duty including legal effect on the violation of information-supplying duty; also, introducing the correlation among information-supplying duty of insured and culpa in contrahendo and investment-oriented insurance products; moreover, analyzing and comparing the advantages and disadvantages of information-supplying duty in insurance contract construction course in the Taiwan Strait. Chapter V: Conclusion and suggestion. Suggestions for modification are made for the insurance regulations in Taiwan and China as the conclusion of the study. It is concluded in this study that Taiwan should refer to the insurance regulations enforced in Mainland China including The Principle of Good Faith; moreover, the causal connection of the information-supplying duty enforced in Taiwan must be modified to the principle of proportionality in compliance with the principle of good faith and balance. Suggestions are also made in this study that the information-supplying duty of insured should be enforced in Taiwan for the protection of the insured in general. Suggestions are also made for the revision of Insurance Law in Taiwan at the end of the study.